History of the Down Survey (Petty 1851)/9
CHAPTER IX.
HAVING thus published our instructions, and made our contracts, wee proceed uppon the downe admeasurement, doeing as well as we could, since the army were not ready with their agreements, in order to subdivision, according to their report of the 25th of December last; nevertheless, the Dr. allways solliciting them to that purpose, and asisted them in what he could in order thereunto, soe that about the beginning of May, 1655, the Councill were pleased to give an order which produced the following report of the 9th of the same moneth.
The principle points of the above mentioned proposalls, annexed to the above report, being, that uppon the most exact computation of debt and creditt which could be then made, the one answered to the other as five did to eight, vizr, to the satisfaction of twelve shillings and sixpence in the A satisfaction of 12s 6d per li. pound, hoping, nevertheless, that they might proceed uppon ⅔, or 13s 4d per li. uppon which grounds it was offered, that the severall regiments within the respective lotts of the provinces be directed forthwith, to agree and determine uppon some points or places within some of the counties of the said respective provinces, from whence they shall begin, and soe proceed gradually to take their satisfaction for each of the said regiments; as likewise a method how they shall proceed from the first to the subsequent countyes in each respective lott; and that orders doe issue forthwith accordingly, &c. Whereuppon severall agents made such agreements, and there issued an order of the 22th of the same, vizt:
By the Lord Deputy and Councill.
Ordered,
That it be referred to the Commissioners-Generall of the Revenue, and Mr Standish, Receiver- Generall of the Revenue of Ireland, to consider of the agreement made with Dr Petty for admeasurement of forfeited and other lands in Ireland; as alsoe of the generall vote of the councill of officers of the 18th of December last, concerning the armyes proportion of the pay undertaken to be made to Dr Petty, for his worke of surveying their lands allotted for their respective arreares; and how the same may be reimbursed to the publicke treasury, out of the pay of the army, and in what proportions.
They are further to consider how the monyes, from time to time payable to Dr Petty by the said agreement, may be had, to answer the engagement of State therein; and to offer their opinions herein with all convenient speed.
Dublyn, the 11th of May, 1655.
By the Lord Deputy and Councill.
Uppon considerations of the severall petitions of the officers of the army, desireing that, forasmuch as the admeasurement of the lands throughout all the three provinces is in some competent forwardness, orders therefore might be issued for the putting of themselves and their respective regiments into possession of the arreares due to them; and uppon consideration of the report of a committee of certaine agents and others appointed to consider of the manner and way how the satisfaction of the army may best be exspedited;
Itt is by the said Lord Deputy and Councill ordered, that the army be forthwith put into possession of lands for the two-third parts of the arreares respectively due to them, according to the rates sett downe in the Act for satisfaction of the adventurers and soldiers, for the severall provinces of Leinster, Munster, and Ulster.
And to the'nd that, in assigning or setting out the said lands to the severall regiments whose lotts are fallen in the afforesaid respective provinces, the lands soe assigned may be sett out together, without intervalls, according to the tenor of the said Act.
And that the overplus of the lands, if any shall remaine in any of the said provinces, after satisfaction of two third parts of the said debt as aforesaid, may lye entirely together, for the better convenience of the Commonwealth and remaining part of the army,
Itt is further ordered, that the severall regiments whose lotts are respectively fallen in any of the said provinces of Leinster, Munster, [and] Ulster, bee put into possession of their lands successively, one after another, each regiment beginning to take their posession from the bounds of such places, where the lotts of the respective regiments preceeding did respectively determine.
And that the said regiments may likewise the better know how to take their respective satisfaction, according to the rule and prescription afforesaid, itt is further ordered, that the agents for the severall regiments within the respective lotts of the provinces aforesaid, doe agree and determine among themselves what county of each province, and what barronyes in such respective countyes, shall be first sett out unto them; and doe further, by consent or otherwise, appoint what regiment, troop, or company within such respective regiments shall be first sett downe in the said barrony or county, and soe successively in the next adjacent barrony or county, and the rest of the barronyes and counties following in the said province respectively, untill all the regiments, whose lotts are fallen in the said respective province, shall be satisfied the two third parts of the arreares respectively due unto them as aforesaid; allways observing that the additionall security to the said province shall not be taken by them untill such time as it shall appeare that the rest of the lands in that province is not sufficient to answer the said two third parts of the arreares or debt charged uppon it.
And it is further ordered, that the severall agents of the said regiments within the said respective provinces, giving in a list or particular to the Surveyor-Generall, what barronyes or counties they desire may be first set out unto them, together with the names of the regiments, or of such troopes or companies in such respective regiment, as they desire may respectively be satisfyed in the said barronys and countyes, and soe in the rest of the barronyes and countyes following in the said province as aforesaid, the Surveyor-Generall be required and is hereby authorized to give directions to such as are to admeasure and subdivide the said lands, that the said barronyes bee sett out and subdivided to the said regiment accordingly; the said admeasurers nevertheless strictly observing the rules and prescripts above mentioned, 22th May, 1655.
By which it appeares in what forwardness this vast worke was in the three very first moneths of itts proceedure, and what it was allways the intention both of the State and army, as alsoe of both the parties to the contract for surveying, that downe admeasurement and finall subdivision should be carried on together, and that regiment after regiment should be gradually and successively dispatcht absolutely. Now, the reasons how the summ came to be altered, and how Dr Petty thereby was cast into great and unexspected hardshipps, will appeare from the ensueing summary, vizt:
A Summary of the Proceedings of the Councill of Agents, beginning the 9th July, 1655, att the Castle of Dublyn.
After severall dayes meetings and debates, they appointed out of their number a committee to consider of and propose unto the said councill such particular things for their debate as they should conceive reasonable and meet, in order to the armyes satisfaction of their arreares.
A returne of the said proposalls being made, and the councill having debated the particulars, they ordered the afforesaid committee to draw up the substance thereof into a petition to be againe offered unto them, in order to the presenting of the same unto the Lord Deputy and Councill. The purport of the said petition was, that a plenary satisfaction, notwithstanding the former order for ⅔, might be speedily given to their possession. To which petition were added severall reasons for their said desire. The said petition was accordingly received by the councill of agents, and by the greatest number of them signed, and delivered to the Lord Deputy and Councill, who, uppon consideration had thereof, did verbally referr it to the councill of agents, to give them a further accompt how the disbanded party, and those who have arreares due for service before 1649, should be equally provided for with themselves, if the foresaid petition should be granted.
Concerning Contribution towards Relief of the Waldenses.
His Excellency the Lord Deputy meeting in the Castle-hall with severall officers of the army, they together did resolve that that which should be proposed in generall for the officers throughout the army freely to subscribe and contribute towards the relief of the distressed Waldenses, should be a fortnights pay, and for the private souldiers one weeks pay; but severall of the officers then and there present did subscribe, some a months pay, others 3 weeks, and some one weeks pay; and it is to be understood that the fortnights and the weeks pay to bee proposed should not be exacted from any persons, or any be compelled to pay the same; but that such of the officers and souldiers as would be free therein should contribute, but otherwise nothing to be expected from them.
Concerning the Arreares of Widows, &c.
A petition was drawne, and ready to be presented to the Lord Deputy and Councill, that the widows, orphans, and maimed and impotent souldiers, might be speedily put into the possession of their arreares; but after some consideration had thereof, they thought fitt rather, by Sir Jon Reynolds and Collonell Sankey, to offer the same verbally, which was done accordingly; and the Lord Deputy and Councill returned for answer, that they would take care that the said widows, &c., should be speedily satisfyed.
- The councill made a report to the Lord Deputy and Councill, in answer to that reference which concerned the disbanded forces, and the arrears before 1649.
Notwithstanding which, the said Lord Deputy and Councill returned for answer to the aforesaid petition for plenary satisfaction, that, for ought then appeared unto them, they did not thinke fitt to recced from their former order for satisfyeing of two-thirds.
The next proceedings of the councill of agents was: they presented a petition to the Lord Deputy and Councill, that the profitts of all the lands belonging to the armyes security might be assigned over into the hands of such agents as the army should appoint, from May last, and soe to continue till the downe admeasurement.
- Certaine resolves passed the councill, which, in conclusion, they contracted in this one, vizt:
That the aforementioned committee of agents should consider and draw up, for the debate of the whole councill, such proposalls as they should thinke conducible, in order to the making of a good and sound title to the souldiery for their lands which they shall possess for their arreares, and severall other matters relating to the wellfare of the army.
The councill of agents being mett at the Castle, as formerly, the report was made by the committee, of such matters which, in pursuance to the vote of the 18th of July, instant, they had prepared for the councill to consider of, which were read, and severall of the heads thereof debated.
The answer of the Lord Deputy and Councill to the petition of the profitts of the lands, &c., being made and read, it was considered of; and in regard the same granted the profitts only of the ten counties, it was further resolved, that another petition should be drawne, and presented by their next meeting, for to procure the profitts likewise of the other security, and to be assigned over to the agents as aforesaid.
- Resolved, that the former committee who prepared the other business doe prepare this against Munday morning.
A return of the petition ordered to be prepared for the profitts of the collaterall security being made, and read before the councill, they resolved that it should be engrossed, and presented to the Lord Deputy and Councill; which, being signed by the greatest number of the agents then present, was done accordingly; the substance of which petition was this:—That in regard the Act doth not define a grosse survey, and they not knowing whether the ground and limitation of the concession for the profitts of the moyetie of the ten countyes was granted by a gross survey or downe admeasurement, the Lord Deputy and Councill would soe far admitt the grosse survey allready made noe way contrary to any rule in the Act, as that the profitts of the collaterall security may be sequestred from the State's revenue, and deposited in a third hand, till it appeare to whome of right it doeth belong. And further, that forasmuch as, before they can proceede to the conclusive possession of the rest of their collaterall security, they are by the Act to take the overplus in the moyetie of the ten counties assigned to the adventurers, and the overplus of their collaterall security, by which rule they cannot sit downe till every individuall adventurer be fully setled, which the petitioners conceives, for diverse reasons, will not be effected in many yeares; they, therefore, pray the Lord Deputy and Council, that out of their accustomed care they would be pleased to declare their dispensation of that rule, or make an humble, earnest, and speedy application on the petitioners behalfe for his Highness his dispensation; and the rather, that the overplus, if any be in the adventurers moyety or collaterall security, will probably be as advantagiouse to the State as an overplus in any other part. The petition was by the appointment of the councill delivered to the Lord Deputy and Councill by Collonell Sankey, Collonell Abbot, and Collonell Ingoldby, who returned from their Honoures with this verball answer, vizt:
That the profitts of the security mentioned in the said petition should be put into the hands of their receivers for the severall precincts, and reserved soe that noe part of those rents due from May last should before the first of November be disposed off; and as to the other part of the petition, they were pleased to declare that they would condescend to dispence with the forementioned rule, in the granting forth of the collatterall security. The councill, after a full debate, had put the following question, vizt:
Whether the rents and proffits of the moyetie of the ten countyes now granted by the Lord Deputy and Councill to the use of the army, shall be collected by order and appointment of the agents for the respective provinces, and disposed of accordingly?
The councill of agents did further take into their consideration the proposalls tendered by the committee who were appointed to prepare for their debate such things as they should conceive would conduce to the procuring them a legall title to their lands, as alsoe such other matters as tend to the further settlement and wellfare of the army.
- The proposalls were debated gradually, and put into questions, as followeth:
Whether agents shall be nominated and impowered to doe such act and things as they shall judge conduceing to the making an indefeaseable title to the lands which shall be assigned the souldiery for their arrears?
Whether such agents shall have power to distburse such sums of money as they shall judge necessary for the most advantagiouse carreying on of the said worke, according to the instructions they shall receive?
Whether the agents shall be limitted in their exspence, in the carrying on of the said worke?
Whether the said limitation shall be two thousand pounds?
Whether application shall be made for an Act of Indempnity?
Whether application shall be made for trading betweene England and Ireland in port cocquetts?
Whether application shall be likewise made, that Ireland be declared a member of the Commonwealth of England, to enjoy all immunities equall therewith?
Whether effectuall care shall be taken for a limitation of time for making of claimes and sueing out titles?
Whether it shall be endeavoured that there be provinciall committees, to examine such as pretend they have arreares due for service before 1649, and have gotten forth debentures for the same, but have forfeited their arreares by their revolt from the Parliament, under the command of Sir Charles Coote, Collonell Jones, and Collonell Monck, &c.
Whether application shall be made, that, in the delivering out of the lands to the army, unprofitable land may not be delivered out as profitable.
Whether woodreeves, of the armyes owne choosing out of the respective divisions, shall be appointed to looke unto the woods in their said lott.
His Excellency the Lord Deputy, comming to the councell of agents, after a speech made concerning their late proceedings, and alsoe concerning the necessity of the State to disband or reduce part of the army, did acquaint them that it is intended there will be a speedy reducement of the army, but that he knew not on whome the lott should fall. He therefore advised them to consult and agree among themselves what such, whose lotts it should be to bee reduced, might exspect and relye on for their comfortable sitting downe; whereuppon the said councill of agents, after mature debate, did put the several votes following:
1st. Whether those regiments, troopes, or companyes, who are to be next reduced, shall have their full satisfaction in lands according to the Act rates.
2. Whether the lands to be given out to such part of the army as are to be reduced, shall be assigned them out of their respective lotts, as they have been allready cast.
Whether the respective provinciall divisions, and the subdivisions, shall agree among themselves, what point or angle those who are to be disbanded shall begin to sitt downe att.
With another resolve for satisfaction of him who attended this councill.
The several petitions, reports, &c., mentioned in the said summary, or the chief of them, are these following:
to the right honourable the lord deputy and councille.
- The humble Petition of the severall Agents of the Army, whose Names are here subscribed, in behalf e of themselves and the Regiments, with other Part of the Army, which they respectively represent,
Sheweth,
That your petitioners doe most thankefully acknowledge your honours vigilancy and care of them, and, as in generall, soe in particular for the satisfaction of the debt of the army, as a reward of their faithfull services. In order to which, your Lordshipps were pleased to appoint a committee to state the debt and creditt of the army, uppon whose report thereof, and tender to your Lordshipps, that there would be three-fourths of satisfaction for the army, your honours were pleased afterwards to referr the said report unto two agents for each province, which were to be chosen by some agents then at the head quarters; uppon consideration of which report, the said committee of agents finding that uppon the rule and estimate of the civill survey, together with the deductions made for claimes, the lands would fall short of its full satisfaction, they did report and propound unto your honours that two-thirds of the debt might at present be satisfied, and uppon their petition to that effect, your honours were pleased to order the Surveyor-Generall to goe on forth with to give them two-thirds of their debt. In order to the possession whereof, the said Surveyor-Generall sent unto your petitioners diverse querries to be resolved, which they could not answer otherwise then together, for which cause they are convened to this citty.
- Now soe it is, may it please your Lordshipps, that since your petitioners former proceedings, as is above mentioned, the downe survey for most counties is come in, whereby it evidently appeares that the lands doe hold out above a third part more then did the estimate in the civill survey.
Your petitioners therefore doe most humbly pray that your honoures will be pleased to give order that they might be put into speedy possession of their full and entire satisfaction, according to the Act of Parliament, and according to their respective lotts, which were drawne at the last generall councill, and that for these following reasons, which they most humbly present, vizt:
1st. Whereas, uppon the civill survey, which was the rule on which only two-thirds was proposed, the downe admeasurement holding out soe much larger, as is before exsprest, in most counties that are admeasured, full satisfaction is now desired.
2d reason. The Act of Parliament, that gives the petitioners satisfaction for their whole debt entirely; and at the generall councill held in Aprill, 1654, it was resolved that they should take their satisfaction according to the Act, and according to the respective lotts then drawne.
3d reason.—The souldiery their arreares being very small, if their satisfaction were divided into two parts, itt would render the whole insignificant to them in a great measure.
4th reason,—The whole satisfaction may be received with the same trouble and expence as two-thirds may, and the satisfyeing of one-third hereafter will be as expensive as the whole now.
5th reason.—Itt will not be secure for the army to deliver up their bonds or debentures untill they have plenary satisfaction.
6th reason.—If any regiments, troopes, companyes, or private persons, shall be shutt out for want of lands, which the petitioners have noe cause to suspect, by meanes of satisfyeing the whole as aforesaid, and that uppon application to authority, an addition of lands cannot be obtained to supply them, the petitioners will freely oblige to buy such out in money, at 18s per pound, which high rates they doe not offer uppon accompt of the reall value of land, but [to] avoid any inconveniencies which may obstruct their desire of present possession and future enjoyment of lands for their whole debt.
| Hen. Prittie. Jo. Nelson. Ffr. Bolton. Tho. Mosse. Ro. Stannel. Ric. Waller. Tho. Walcot. Will. More. Will. Morris. Rob. Ormsby. |
D. Abbott. Pet. Wallis. Jo. Disbrow. Wil. Walker. Ed. Warren. Jo. Denison. Jon. Stopford A. Warren. Jo. Jeoner. |
D. Axtell. Tho. Davis. H. Hurd. H. Aland. Robt. Preston. Ja. Hutchinson. Jo. Wheeler. Sol. Canby. Ffra. Gore. |
In obedience to the reference of your Lordshipp and the Councill, dated the , wee have considered of the interest of the disbanded party, and the arreares before 1649, and humbly offer our sence therein as followeth:
1st. That the disbanded forces in the county of Lowth have allready twothirds of their satisfaction; besides its very likely that, having received lands according to the generall estimate uppon a downe admeasurement, there must be found a surplusage there, as in other places, which is most fitly applicable to their satisfaction in case of want.
2dly. For the disbanded in Ullster wee say little, having none here to conferr with concerned in that interest.
3dly. For the disbanded in Connaught, there is of the same lands which were ordered for them sufficient at their doores to satisfie them what shall appeare they have received short of the engagement made to them.
4thly. As for the disbanded in the county of Corke, in case there be a defect, wee understand there is enough yett remaining, of the security formerly appointed, to make up their full satisfaction.
5thly. Ffor the disbanded in the county of Kilkenny, wee humbly offer that the remainder of the barronyes of Gowran and Ffassadyna which are most fitly applicable to their satisfaction, may be sett apart for their security, to make them equall with the army.
6thly. Ffor those of the county of Longford, they have allready received two-thirds of their satisfaction.
Now whereas the army did engage for an equall satisfaction with themselves to the disbanded party, it must be performed after the lands are layd out, till when it cannot be knowne wherein they came short. However, wee have offered the afforesaid cautionary security, to bring them to at least two-thirds, which wee conceive will be as good satisfaction to them as the whole will be to the standing army, considering the advantages the disbanded party have had in point of conveniency, in point of choice, and in point of time, whereby they have been enabled to gett tenants from all parts of the nation to plant their lands with, the standing army receiving only what comes to them by lott, which differenceth their condition very much as to all the fforementioned particulars, as may easily be demonstrated.
As to the engagement on the army for an equall satisfaction at the Act rates, for arreares before 1649, itt is humbly offered that the army have allready consented to lay apart, as cautionary security for their said arreares, three counties of the armyes security, and have allsoe made application to the Lord Protector and his Councill for the satisfaction of the said arreares in lands in Conaught, which is not yet refused to be done.
And now wee doe humbly offer and desire that the said three counties may be given out, towards the satisfaction of the said arreares before 1649, as far as they will goe; till that bee done, itts impossible for us to know what they will want.
And wee likewise pray that a committee be appointed to examine the interest of persons alledged to be concerned in those arreares before 1649, for that wee understand that severall who did desert Sir Charles Coot and Collonell Michael Jones (the only persons, with the forces under their command, who did justifie the Commonwealths interest in Ireland, in the times of greatest tryalls) have stated their accounts, and received debentures for the same; and wee doe humbly conceive itt is not the reall intention of the Commonwealth that they should receieve satisfaction for those debentures, which being done, considering how large a proportion of the said arreares is allready satisfyed to the disbanded party and others, the remaine will not arise to soe great a summ as is imagined.
And wee doe further humbly offer, that all the time the generall councills did engage themselves to take care for the equall satisfaction of the disbanded party and the arreares before 1649, itt was uppon consideration that the large security that lay then before them, since which time a considerable part of that security hath been otherwise disposed of, by admitting severall to composition for large proportions of land, &c.
Wee therefore humbly offer it, as a thing most proper and equall, that your lordships take the care of satisfyeing what demands the aforesaid persons concerned may justly make, for their equall satisfaction to the army; or that your lordshipps will please to appoint an equall security to the army, in lieu of such lands soe disposed of as afforesaid, which wee humbly conceive may be made up out of the lands in Conaught exempted from the Irish for the garrisons, English plantations, and near the sea and Shannon, by which meanes wee shall be enabled to answer to the uttermost the engagement of the army.
And wee doe further humbly offer, that diverse vast proportions of rebells lands in Ullster and other places, are not given out to the satisfaction of the souldiery nor the adventurers; on this account, that some English proprietors have statute staples and mortgages for summs of mony on the said lands, which summs of money doe not, in any competent measure, hold proportion with the reall value of lands, in which case wee conceive it might be very equall and just to give such English proprietors soe much of the said rebells lands as might amount to a just satisfaction of their debt, and to dispose of the remainder to the satisfaction of the debts due to the adventurers and souldiers, and other publicke engagements; all which, together with the townes which are comprehended in the Act for the satisfaction of publique debts, will amount to considerable summs.
| D. Abbott. Pet. Wallis. Jo. Nelson. Hen. Aland. Ro. Preston. Tho. Davis. Ja. Hutchinson. Ric. Waller. A. Warren. |
Dan. Axtell. Jo. Disbrow. Rob. Ormsby. Hen. Hurd. Ffra. Gore. Tho. Mosse. Tho. Wallcot. Ed. Warren. |
| 13th of July, 1655. | |
to the right honourable the lord deputy and councill.
- The humble Petition of the Agents whose Names are subscribed, in the Behalfe of themselves and such Regiments, with other Part of the Army, which they doe respectively represent,
Sheweth,
That since our last application to your honours for a plenary satisfaction for our arreares due for service since the fifth of June, 1649, wee have mett together, and after a large and seriouse consideration of your honours answer thereunto, as likewise considering what might be necessary to offer to your honoures touching that affaire, in behalfe of our selves and those for whome we are entrusted, wee were jointly of opinion, that it would be reasonable and meet to offer unto your honoures, and accordingly doe humbly pray —
- That the profitts of all the lands belonging to the armyes security, in their severall and respective lotts, may be assigned over, for their use, to such agents as your petitioners shall appoint, in the respective divisions from May last, and soe to continue till the lands be divided and layd out by the downe admeasurement; and your petitioners the rather desire this in regard of their great charges, as well uppon the admeasurement, as their necessary attendance in the prosecuting this business.
| D. Abbot. Jon. Nelson. D. Axtelle. A. Warren. Jo. Jeonar. Tho. Walcot. Rob. Stannell. Rob. Preston. Sol. Cambie. |
Hie. Sankey. Hen. Owen. Hen. Aland. H. Hurd. Jon. Denison. Jon. Disbrow. Ffra. Gibbon. Ffr. Gore. |
H. Ingoldesby. Tho. Davis. Jon. Godfrey. Tho. Mosse. Ffra. Bolton. Wil. Walker. Ric. Waller. Will. Morris. |
By his Highness the Lord Protectors Councill for the Affaires of Ireland.
Uppon consideration had of the petition presented unto this board by severall officers of the army, desireing thatt all the profitts of lands belonging unto the armyes security in their severall and respective lotts, might be assigned them over for their use in their respective divisions, from May last, and to continue till the lands be divided and layd out by the downe admeasurement; and uppon conference with the petitioners, and debate had uppon the Acts and ordinance of Parliament, of His Highness the Lord Protector, relating thereunto, fforasmuch as there is a great doubt whether the civill survey, as allready returned, be a survey agreeing with the prescript rule of the Act for putting the officers and souldiers into possession of lands amounting to third parts of their respective arreares, according to the grosse estimate; as alsoe considering what previouse acts (not yet done) are primarily and reciprocally to be performed; and that the countyes for collaterall security desired are not disposeable, according to the rule of the Act, for satisfyeing the army, untill it appeares what surplusage shall or may arise from the moyetie of the 10 counties ordered for satisfaction of the adventurers, and of the county of Lowth, which, by the Act, are made additionall security, and are first to be proposed as satisfaction before any other of the counties appointed for collaterall security; the Councill, moreover, taking into consideration how there are severall reduced officers and souldiers sate downe, besides diverse others, who ought of right by the Act to receive equall satisfaction with the army, according to proportion:
The Lord Deputy and Councill doe therefore order that the said agents, or such as the army shall appoint, may receive the rents and profitts issueing out of the forfeited lands within the moyetie of the ten countyes, due and in arreare from the 23th of May last, for and in behalfe of themselves and the rest of the army; and Dr Petty is hereby strictly enjoyned to take speciall care that the downe survey, or exact admeasurement now in hand, bee with all convenient speed perfected. Dated at the Castle of Dublyn, the 20th of July, 1655.
By His Highness Lord Protectors Councill for the Affaires of Ireland.
Ordered,
That the rents belonging to the Commonwealth henceforth growing due out of the forfeited lands within the respective countyes of Kerrey, Wexford, Tyrone, Londonderry, and of one-halfe of the county of Kilkenny, and out of the four barronyes in the county of Corke, vizt., Kinalea, Kerricurrihy, East and West Carbury, be undisposed of, and reserved in the hands of the respective receivers of the rents belonging to the Commonwealth in the said countyes, untill the first of November next, soe as it may appeare whether those countyes and barronyes shall fall within the lott belonging to the army. Dated at the Castle of Dublyn, the 24 July, 1655.
- To Major-Generall Sir Hardress Waller, Commissary-Generall Sir John Reynolds, Collonell Hierome Sankey, Collonell Daniell Axtell, and Major Morgan.
Know all men by these presents, that out of our speciall trust and confidence of your integrity and good will towards us, and of your judgement, ability, and provident circumspection, wee doe nominate, constitute, and ordaine you, the above named persons, our lawfull atturneys, for us and in our names, and for [and] on the behalfe of all others who ought to have arreares satisfied in Ireland, to prosecute and pursue the ensueing instructions: hereby ratifyeing and confirming whatsoever you shall doe pursuant thereunto, according to the best of your judgement and abilities.
1st. You shall and may doe such acts and things as you shall judge conduceing to the making an indefeaseable title to the lands which shall be assigned in Ireland for satisfaction of arreares.
2dly. You shall or may make application for an Act of indempnity. And alsoe,
3dly. That Ireland may be declared a member of the Commonwealth of England, and enjoy all immunities equall therewith, and that free trade be allowed by port cockequetts betwixt England and Ireland, as betweene port and port in England.
4thly. You shall endeeavour to procure a limitation of time for making claimes and sueing out titles.
5thly. You shall by all lawfull wayes and meanes endeavour to prevent such as have forfeited their arreares from receiving satisfaction for the same.
6thly. You shall be carefull to prevent the setting out unprofitable land for profitable; alsoe incumbred lands in stead of such as ought to have a clear title; and if any such thing should happen to be done, you are diligently to endeavour the removall of such greivance.
7thly. You shall apply for license that the respective provinces may appoint wood-reeves of their owne choosing, for the preservation of the woods within their lotts.
8thly. You shall and may doe all such acts and things as you shall judge conduceing to the prosecution of and effectuall compleating the severall articles of those instructions, according to their intentions.
And for the better enabling you to carry on the worke of these instructions, you shall receive by the hand of such as you shall appoint, from Mr. Nathanael Boyce, for the province of Munster, the summ of eight hundred and seventy pounds; and from Major Morgan, for the province of Ullster, the summ of one hundred and seaventy-five pounds; and from Captain James Stopford, for the province of Leinster, the summ of nine hundred [and] fifty-five pounds, which severall and respective summs, or soe much thereof as you shall see cause, you shall and may dispose and issue to the ends above mentioned, in such manner as you shall thinke fitt, allwayes provided you keep a record of the whole proceedings and disbursements, to be perused by any of the persons for whome you are entrusted, att their request.
9thly. You are to procure the true state of the debt and creditt of the whole army; and, in order thereunto, to use all lawfull wayes and meanes you can to effect the same accordingly, either by application to His Excellency the Lord Deputy alone, or unto his Lordshipp and the Councill, or by applying to the severall regiments, troopes, companyes, and others who have any just and lawfull debts to be satisfied with the army.
10thly. You are to endeavour the hastning in of the surveyes; and itt is further resolved by us whose names are subscribed, that all persons who ought to have arreares satisfied in Ireland ought to be and are concluded in the abovementioned instructions. Given under our hands and seales, this 26th of July, in the year of our Lord 1655.
| Hen. Ingoldesby. Dn. Abbot. Robt. Barrow. Jon. Nelson. Tho. Davis. Wm. Shaw. H. Aland. |
Ffra. Wheeler. Jo. Fowke. Tho. Stanley. Rob. Ffranklin. Will. Walker. Wm. Heiden. Pet. Wallis. |
Tho. Jones. Jo. Disbrow. Fra. Gore. Rob. Stanyard. Rob. Ormsby. Jo. Denison. Sol. Camby. |
| Alex. Staples. H. Hurd. Tho. Walcot. Nath. Boyce. |
Wm Morris. Ffra. Bolton. Jo. Godfrey. |
Jo. Mansell. Rob. Preston. Ed. Thomlins. |
The said transactions being over, and now noe possibility of admeasuring and subdividing together and all under one, there came to the Doctor orders upon orders, exceeding thicke, to make ready the surveyes, both bookes and platts, of the lands forthwith to be sett out to the forces now to be disbanded, and which were to be kept in whole or halfe pay untill the same were done. In breif, by the speciall and extraordinary mercy of God, the said surveyes and surveyors to subdivide were in such readiness uppon the severall respective spotts, that not a penny of unnessessary pay was continued by occasion of any unreadiness herein, in soe much that the first clamour uppon my imploying new instructed artists, raised by the old surveyors and other enviouse persons, did allmost wholly cease, although, instead thereoff, when the forces then satisfyed had been uppon their land, there arose another more dreadfull, by the said forces themselves, vizt, that the said Doctor imploying drunken surveyors, unprofitable land had been put uppon the army as profitable; whome, by the way, they acknowledge soe sober as not to have erred in the quantity, ffigure, or scituation of such land, whose quality they had mistaken: the which clamour brings me now to speake of this matter, as well for what concerns the land distributed to the disbanded anno 1655, as all other lands, and even the county of Kerrey it selfe, the great scene of this clamour.